Case Information

IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. LINDA FISCHER, AS EXECUTOR OF THE ESTATE OF ROBERT A. FREIHEIT, DECEASED, PLAINTIFF-RESPONDENT, V AMERICAN PREMIUM UNDERWRITERS, INC., FORMERLY KNOWN AS THE PENN CENTRAL CORPORATION, ET AL., DEFENDANTS, AND KOHLER CO., DEFENDANT-APPELLANT.

CA 11-01911

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

March 16, 2012

353

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

ORDER

HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP, NEW YORK CITY (WENDY R. KAGAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ & PONTERIO, LLC, BUFFALO (DENNIS P. HARLOW OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (John P. Lane, J.H.O.), entered January 4, 2011. The order denied the motion of defendant Kohler Co. for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: March 16, 2012

Frances E. Cafarell

Clerk of the Court